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Posts Tagged ‘child support’

What Are Motions in the Michigan Divorce Process?

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Motions can be brought before the court to deal with any and all issues surrounding a divorce, from child custody to child support, parenting time to bill payment. Essentially, if two parties can’t come to an agreement on a major issue, they can file a motion asking the court to decide for them. This can happen during the divorce process and after the divorce has been finalized.

In this video, divorce attorney Jacob Femminineo talks about the jurisdiction of the judge in a divorce case and why this is important to understand when it comes to motions. He also spends some time on what happens with motions specifically in Macomb County.

Fast fact: Motions are the busiest days in court. Watch this video to find out the best days to file your motion in Macomb County, Oakland County, or Wayne County.

Child Support and Income Withholding: Is It Advisable to Opt Out in Michigan?

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There are some divorcing couples who prefer to opt out of the Friend of the Court in Michigan when it comes to child support and income withholding. They feel that, no matter their differences in the marriage, they can get along for the sake of the kids and exchange monies as agreed upon – in cases like this, opting out makes sense. However, there are plenty of scenarios when opting out doesn’t make sense, and it’s a choice that Femminineo Attorneys, PLLC will never recommend to any client, no matter how amicable the divorce may seem to be.

The bottom line is this: Financial situations can change. Watch this video featuring divorce lawyer Jacob Femminineo to find out why opting out of Friend of the Court can go so very wrong. And why it’s beneficial – and just plain smart – to take advantage of this free service.

Understanding Income Withholding and MiSDU in Michigan

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In the state of Michigan, in a divorce case involving child support, it is required by law that an income withholding order go into effect and be entered into the final judgment of a divorce. The employer of the party who will be paying child support is ordered to deduct the determined amount from the party’s paycheck and send it to the Michigan State Disbursement Unit (MiSDU).

While it may sound like a hassle, MiSDU actually makes life easier for the divorcing parties. They disburse child support payments to the other party, they track payments that are in arrears, and so on. Watch this video featuring divorce lawyer Jacob Femminineo as he addresses common financial concerns that arise when it comes to child support, income withholding, and the duties of MiSDU.

When Is Child Support Modification Allowed in Michigan?

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Anyone who is divorced with children in the state of Michigan is well-acquainted with child support. There is one important facet with this area of the law, however, that often results in some confusion: child support modification.

The first thing to know is that child support modification cannot happen independently of the courtroom. The judge who is assigned to a divorce case when the divorce papers are filed has jurisdiction on all issues thereafter involving custody, parenting time, and, yes, child support… at least until the child turns 19.5 years old or graduates from high school, whichever comes first. That judge will make the decision about when, or if, any modification to child support can occur.

So when can the amount of child support be increased or decreased? What has to take place to convince a judge that a modification is in order? Watch this video featuring Macomb County lawyer Jacob Femminineo for insight into this complex matter.

What to Expect During the Initial Child Support Interview in Michigan

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In the state of Michigan, an initial interview with the Friend of the Court must take place when a divorce involves children. This interview will occur very early on in the divorce process, usually within the first one or two months of filing. It’s highly recommended that each party have their attorney present for this meeting.

During this initial interview, there is more of an emphasis placed on the physical custody of the children than the legal custody. On the table for discussion: the number of overnights each parent will have and the income of both parents. These very crucial details are taken into consideration to help the Friend of the Court make a recommendation of how much child support should be paid, and which party should be paying it.

In this video, lawyer Jacob Femminineo explains where this initial interview is held in Macomb County, why it’s required, how to prepare, and what can be expected from the Friend of the Court.

The Definition of a “No Fault” Divorce in Michigan

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When a couple decides to go their separate ways, they must always file a complaint for divorce. In the most basic terms, this filing alleges that there has been a breakdown of the marriage and that there is no reasonable likelihood that the relationship can be preserved.

So where does the “no fault” divorce come into play? By law, Michigan is a “no fault” divorce state, which essentially means that neither party is legally at fault regarding the dissolution of the marriage. While that sounds simple enough, the matter can get a little complicated. Jacob Femminineo explains in detail in this video that fault can indeed matter. If there is a definitive cause for the breakdown of the marriage, such as addiction or infidelity, fault certainly comes into play.

Watch this video to find out how the fault of one party can affect the divorce settlement, particularly the division of assets.

The Three Main Factors When Determining Child Support in Michigan

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Whether two people are married or not, when a couple who has a child together decides to end their relationship, there is one legal constant: One party will have custody of the child and the other party will pay child support.

In this video, Macomb County lawyer Jacob Femminineo goes into detail about the three main factors that are involved in determining what your child support payment will be in the state of Michigan. The first two factors involve money – your income and the other party’s income. The third factor involves the number of overnights the child will have at one party’s residence and at the other party’s home.

When added together, these factors create a non-negotiable number that one party will have to pay to the other. If more than one child is involved, the numbers get multiplied accordingly. That’s the objective formula. But there’s more – watch this video to learn about the other elements that can affect what that final child support number will actually be.

We encourage you to see these differences for yourself and call today to speak with one of our partners or schedule a free consultation at our office.

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The information presented within this website is for general information purposes and is NOT and should not be considered as being "legal advice". You should not act on any information presented herein without the verifying same with your attorney.

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